So who is fit to be a judge ? With the publication of the DCA's consultation
paper Increasing Diversity in the Judiciary there is an opportunity to
re-evaluate tradition and think laterally. The consultation paper makes
clear its concerns - the need to move away from a judiciary consisting
largely of white middle-class males educated at a select group of
universities. But if the consultation process is serious about breaking the
mould perhaps the time has come to look not just at the merits of women,
ethnic minorities and the disabled but at the legal profession as a whole
and question whether all the potential candidates are being made eligible.

In particular, there is a case to be made for the Legal Executives.
Increasing Diversity in the Judiciary observes that the qualifications
of the Institute of Legal Executives offer an alternative route into
qualification as a solicitor. But it does not suggest that it could also be
an alternative route to qualification as a judge.

Maybe this too should come for review. As a professional group Legal
Executives are the embodiment of that broad-based representative group of
society that the Lord Chancellor is looking for. It is just that their
qualifications are different. So if the DCA is to open up the talent pool
then the members of the Institute of Legal Executives need to come on
stream - and sooner rather than later.

Legal Executives: Who are they ? ------------

In case the prospect sounds outlandish let's do a quick review of who Legal
Executives are and what they do. Currently there are around 22,000 members
of the Institute of Legal Executives working predominantly within firms of
solicitors and in the public sector (although there are also some in
business). Many are in senior positions of management, often leading teams
of fee-earners including solicitors. Although at the time of writing they
are not permitted to enter into partnerships with solicitors there is a
strong likelihood that the Clementi proposals will change that.

The roots of ILEX go back to the 1960s. Significantly, at its very first
meeting, a friendly representative of the Law Society commented, in the
words of the Institute's journal, "That he hoped that we had started a new
profession which would, as the years went by, grow - and grow in strength.
The Council of the Law Society.....gave an assurance for the future that in
all we set out to do he was sure that we would have the full co-operation of
the Law Society."

Well, what the Institute now wants to do is ensure that Legal Executives are
given a fair hearing over their eligibility to be considered for the
judiciary. As Sandra Barton, President of ILEX, commented recently, "It is
imperative that the appointment system (to the judiciary) is opened out to
welcome applications from all suitably qualified legal professionals, such
as Legal Executives, if the strategic goal of achieving a judiciary that
appropriately reflects the society it serves is to be met."

Qualified for What ?---------------

So the key question is, are Legal Executives 'suitably qualified' ?

In terms of professional qualifications, experience and personal qualities
the Institute is confident that those of its members who are Fellows
(approaching one third of its total membership) more than measure up to the
criteria laid down by the Consultation Paper's framework of generic
competences - especially for the demands of the lower courts and Tribunals.

Academically, the ILEX Professional Higher Diploma in Law, which is
necessary to become a Fellow, is recognised as being equivalent to a degree.
In addition, Fellows also have an enormous amount of professional
experience - hence they are exempt from the training contract requirements
should they decide to qualify as solicitors.

So although ILEX Members and Fellows do not necessarily have the breadth of
solicitors' knowledge they can match them - often more than match them - in
terms of depth in their individual specialist fields (such as company and
commercial law, conveyancing, trusts, matrimonial or criminal law). And
when it comes to contentious matters Legal Executives already have an array
of rights. ILEX has been an authorised body for granting rights of audience
since 1998 and Legal Executive Advocates appear in the County and
Magistrates Courts and before tribunals. As a result Legal Executives can,
for example:
- represent an appellant before a legal aid tribunal
- interview and obtain reports from expert witnesses
- attend and have the right of audience in chambers before judges
- advise the court on unopposed application for an adjournment.

Given all this - and the fact that the Government now regularly seeks the
views of ILEX on changes to the law - there is a strong case for ILEX
Fellows to come into the reckoning when it comes to the judiciary. They may
have come into the profession by an 'alternative route' but that does not
constitute grounds for disregarding them. In fact there is a strong case to
be made for saying that this should make them especially attractive to a
reforming Lord Chancellor.

The Sideways Route ------------

The reality is that ILEX members have often entered the legal profession
relatively late in their careers, or by a sideways route or by bypassing
conventional higher education. Family pressures or obligations, lack of
finance and limited career horizons while at school may all account for why
many Legal Executives 'missed the bus' through the conventional legal route
while in their teens and early 20s. But ILEX is unique in offering a more
accessible qualification - to late starters and those who have been unable
to spend expensive years in full time higher and professional education.

ILEX's alternative way is tough - you need to study very hard for years on
end whilst also working. Most Legal Executives have had to show more grit
and determination to achieve their qualification than those who have glided
through the conventional route. Moreover, they have frequently emerged from
social or personal circumstances which have given them a much wider
awareness of life in contemporary England and Wales than most solicitors
ever have. Which also makes them ideally qualified by life experience to
take on a role (although not necessarily all roles) on the bench.

In fact, when you take the rounded view, it is clear that in ILEX Fellows
there is a group of people who clearly satisfy the credentials of competence
required by the judiciary - even though they may lack the conventional
combination of academic initials after their name. In terms of legal
knowledge and experience, intellectual ability, sound judgement, integrity
and independence and understanding of people and society they can
demonstrate that they are a match for both the solicitors and the
barristers. They have surely got - and display daily - the qualities which
the Lord Chancellor demands.

So if the government is serious about tapping into all the available talent
in the legal profession and extending the range and type of people who sit
on the bench then it cannot afford to overlook ILEX. There can no longer be
a narrow adherence to a narrow 'one size fits all' approach to education and
qualifications. Like the legal academics, Legal Executives believe that they
have something unique to contribute. All that is required, is to open the
door.

FIVE ILEX FELLOWS WHO SHOULD NOT BE OVERLOOKED

Kath Hill started her career as a legal executive aged 32 after having had
her children. She qualified by part-time study and is now in charge of the
family law team at a medium sized firm of solicitors. She has 15 years experience in litigation and is a qualified advocate, spending a couple of days each week in court. She also has ten years experience as a mediator and is an advanced member of the Law Society Family Law Panel.

Stephen Gowland joined a law firm aged 17 in preference to progressing on to
A levels. He realised that the way forward was to study part-time and
qualify as a Legal Executive. Subsequently he took advantage of the
exemptions in the Law Society regulations to become a solicitor and is now
establishing his own law firm. He continues to be an active member of the
Institute of Legal Executives.

Linda Monument is a language graduate with four children who, having
qualified a legal executive, has spent 13 years as a probate specialist.
She has also been active politically as a member of town and district
councils where, as well as being Mayor, she has had extensive experience in
chairing key committees.

Dennis Cameron is from an ethnic minority and is in his mid thirties.
Having left school at 16 with no career ideas he only started to focus his
career ambitions in his early 20s. Having trained as a Legal Executive at
Nabarro Nathanson he moved on in due course, via local government, to a firm
of solicitors outside London. He is a member of an expanding commercial litigation department.

Sandra Barton came into the law as a second career after several years in a
management role in the travel industry. She now heads up the conveyancing
department of a firm in Poole - a role which she combines with the
Presidency of ILEX.

Edward Fennell contributes regularly to The Times legal section